Citation : 2026 Latest Caselaw 311 Gua
Judgement Date : 21 January, 2026
Page No.# 1/2
GAHC010129462025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./227/2025
GOLAP HUSSAIN
SON OF LATE TAIZUDDIN SARKAR
VILL- SALEKURA
P.S. BARPETA
DIST. BARPETA, ASSAM
PIN-781314
M. NO. 7002530938
VERSUS
ROUSHANARA BEGUM AND ANR
W/O GOLAP HUSSAIN
(D/O LATE ABDUL MANNAF)
VILL-BHELLA, BANBORIA P.S. BARPETA, DIST. BARPETA, ASSAM, PIN-
781309
2:THE STATE OF ASSAM
REPRESENTED BY THE PP
ASSA
Advocate for the Petitioner : MR K BHUYAN, MR. M U E BHUYAN,R K TALUKDAR
Advocate for the Respondent : PP, ASSAM, MR R ISLAM ((LEGAL AID SERVICE),MR R. ISLAM
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BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 21.01.2026
1. Heard Mr. K. Bhuyan, the learned counsel for the petitioner. Also heard Mr. R. Islam, the learned legal aid counsel for the respondent No.1.
2. Though, this case was fixed for hearing today, however, it appears that this Criminal Revision Petition under Section 528 of the BNSS, 2023 has been preferred against the final judgment dated 30.05.2025 passed in F. C. (Criminal) Case No. 509/2022 by the Court of learned Principal Judge, Family Court, Barpeta.
3. At the outset, a query was posed by the Court to the learned counsel for both sides as to whether in terms of Section 19 of the Family Court Act, 1984, this Criminal Revision Petition is maintainable.
4. It appears that under the provision of Section 19 of the Family Court Act, 1984 an appeal shall lie from every judgment and order of the Family Court, which is not an interlocutory order to the High Court, both on facts as well as on law.
5. It further appears that under Section 19 (6) of said Act, such an appeal shall be heard by a Bench consisting of two or more judges.
6. On this, the learned counsel for both sides sought some time to make their submission on the maintainability of this Criminal Revision Petition.
7. Let this matter be listed on 05.02.2026.
JUDGE
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